Takeaways From The First MBTA Criminal Prosecution

Law360, New York (December 10, 2013, 11:47 PM EST) -- The first criminal case ever prosecuted under the Migratory Bird Treaty Act against a wind energy company resulted recently in Duke Energy Renewables reaching a settlement with the U.S. Department of Justice.

The U.S. Fish and Wildlife Service and the DOJ had alleged misdemeanor violations of the MBTA against the company for more than 163 migratory bird deaths, including 14 golden eagles, within the past three years at Duke Energy’s Top of the World and Campbell Hill wind power projects near Casper, Wyo.

The Nov. 22,...
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